Why buyers get caught out
Buyers often believe that because a notary signs the deed, the purchase has been checked. The notary verifies identities, the registry on the day and the legality of the deed. Whether the pool has a licence, whether the house can be rented to tourists or whether the community has approved a large levy is not the notary's job.
What the law requires, and what it does not
To buy property in Spain you need an NIE, a Spanish deed signed before a notary and, in practice, registration at the Land Registry. None of these steps requires a lawyer. In theory a buyer can negotiate directly with the seller, sign a private contract, go to the notary and pay the tax alone. In practice, foreign buyers who do so rely on documents in a language and a legal system they do not know, prepared by people who are not acting for them.
Who does what in a Spanish purchase
| Professional | Works for | Checks for the buyer? |
|---|---|---|
| Estate agent | Usually the seller | No |
| Notary | The State, neutrally | Only identities, powers and the registry on the day |
| Land Registry | Public record | Ownership and charges, not planning |
| Bank | Itself | Value for the loan, not legality |
| Your lawyer | You | Yes: title, planning, debts, contracts and taxes |
What goes wrong without a lawyer
- Illegal buildings: extensions, pools or guest houses without a licence, which may be impossible to legalise on rustic land. See illegal buildings in the Balearics.
- Lost deposits: arras contracts without conditions, so the deposit is lost if the mortgage is refused. See arras contracts.
- Debts that follow the property: unpaid IBI and community fees can be claimed from the new owner.
- Rental licences: a property marketed as a rental investment whose licence cannot be transferred. See tourist rental licences.
- Non-resident sellers: the buyer must withhold 3% of the price and pay it to the tax office, or becomes liable for the seller's tax.
When a lawyer is essential
A lawyer is particularly important if you are buying a villa or finca, a property on rustic land or near the coast, a property with a tourist rental licence, a new build or off-plan property, a property from a non-resident or from heirs, or if you are buying remotely with a power of attorney. In the Balearic Islands, where planning rules are strict and rental licences are limited, most purchases fall into at least one of these categories. See our purchase documents checklist and our list of red flags when buying.
Choosing the right lawyer
Choose a practising Spanish lawyer who is independent from the agent and the seller, who works in your language and who gives you a written quote with a clear scope. Experience in the island where you buy matters, because each island and town hall applies its own planning and rental rules. Our guide to legal fees explains how quotes work.
This guide is published by the property practice of Castell.law in Palma. If you are buying in Mallorca, Menorca, Ibiza or Formentera, see our property purchase lawyer service.
Before you pay a deposit, ask a lawyer
Send us the listing or the document you have been asked to sign. An English-speaking property lawyer will tell you what needs checking and what it could cost you not to.
Frequently asked questions
Is a lawyer mandatory to buy property in Spain?
No. It is optional, but the notary and the agent do not protect the buyer's interests, so most foreign buyers instruct one.
Can I use the agent's lawyer?
You can, but check that the lawyer acts only for you, takes no commission and is not paid by the seller.
Does the notary replace a lawyer?
No. The notary is neutral and checks the deed, identities and the registry on the day, not planning, licences or the contract signed months before.
When should I hire a lawyer?
Before signing the reservation or paying any deposit. That is when advice can still change the terms.